World Applied Programming, Vol (3), Issue (4), April 2013.

133-136
ISSN: 2222-2510
2013 WAP journal. www.tijournals.com

Civil Liability In Respect of Contractual and

Coercive Jurisdiction of the Court
Ebrahim Taghizadeh
Department of Law, Payame Noor University,
P. O. Box 19395-4697, Tehran, Iran.
eb_taghizadeh@yahoo.com

Abstract: The difference being in terms of legal and criminal can get a little care other than the explicit legal
legislator will usually suggest that any dispute and polemic rather than closes, it seems nature and origin of
these two types of responsibility and source of its creation, change and the competent court provides to address
whether the criminal described as one of the two from the voluntary and in voluntary nature of one another.
Keywords: Delay, air transport, transport operators, damage, Warsaw convention, fault, conditions, goods.

I.

INTRODUCTION

This difference between the two types of civil liability and enforcement of contracts we examined the competent court.
Want to see whether any civil liability by contract or coercive that is, changes indeed affect the jurisdiction of the courts
will make a competent court or not? There is no doubt that the major issue within the jurisdiction of local courts, high
flows on the inherent jurisdiction, the issue will not apply except in special cases that may be in terms of legal structure
and responsibility, which caused a change in the place be reviewing.
First topic: the difference being in terms of legal and criminal
Can get a little care other than the explicit legal legislator will usually suggest that any dispute and polemic rather than
closes, it seems nature and origin of these two types of responsibility and source of its creation, change and the
competent court provides to address whether the criminal described as one of the two from the voluntary and in
voluntary nature of one another.
First language: competent Court, courts to handle claims and were nonspecific, aggregation, and as the courts and
investigate these claims and law suits and complaints simply type the relevant records, criminal matters as courts of
criminal and civil legal separation without change.
Enter this in dimity, whether contractual or coercive and damages resulting from the perpetration of a criminal offense or
not and basically described as a civic responsibility to be forcibly 0.1
Although not specifically as to name but a legal tribunals in accordance with Article 4 of the Public Courts of Law Act
1318/7/28 "Every jurisdiction that has more than one branch of the General Court, the branches are divided in to civil
and criminal. Purely legal court legal and criminal courts will deal with criminal matters. The allocation to the legal and
criminal branches of the judiciary's authority and that unlike other previous laws as courts (whether civil or criminal)
was designated by law, the law newly establish It was founded on the Judiciary.
These are separate, but some of it merely as a specialized branch of the courts in particular. law "solely and only for legal
affairs and" criminal courts "will handle only criminal matters. Apart from the first sentence of Article 4, the rest of the
establishment of explicit expressions for the two courts with inherent jurisdiction of the ordinary. Secondly, in the
second paragraph of Article 4 discusses the allocation of legal and criminal courts for legal proceedings or criminal
proceedings is special. But despite the above directions, the first author's theory should be allowed to count more
correctly the lack of inherent jurisdiction of the courts in civil and criminal, because:
Firstly, even if legal courts and criminal courts are also split, the original title and the nature of the public who is the
court, does not change. The origin of all these courts and their branches a sheds cribs are in a lien able public.
Consequently can not imagine that in a country area, a criminal court and handle all legal matters and is qualified in the
various branches and branches of the legal and penal division, separation between their qualifications and competencies
essential to get respect.
159 So the constitution says: "The official reference grievances and complaints, the Justice Department. The courts and
their jurisdiction is established by law. "

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Fourthly, it means that the inherent jurisdiction to handle matters and disputes, and certain crimes, specifically legislator
and judge, the special jurisdiction of a judicial or legal authority to be placed. In such a hypothetical possibility to
address these specific is sues for judicial and other legal and would not be expected and feasible on principle not require
that any necessary in visitation and subject to terms of reference and a reference to the competent authority as head of the
judiciary out of the deal and will refer to an other reference. The last part of Article 4 of the new laws totes that: "other
cases also recognize the judiciary chief or subordinate officials of his party, has conceded.
There is no doubt that regardless of issues related to the inherent jurisdiction between the civil and criminal courts and its
branches, the courts if the number of branches, the general court of public law and criminal divisions and external reality
are based on and non-case necessary, primarily to handle cases under its jurisdiction according to the will and primarily
about the damage caused by the crime that is indeed a coercive nature of the guaranty, if that jurisdiction will be referred
to the criminal branch. For example about civil liability and damages resulting from the crime of forcible destruction in
accordance with paragraph (a) Article 5 of the by laws as legal claims arising from crime and the necessity of tying in
Article 4 of the new law is considered criminal justice in the General Court and the legal rights associated with it posed
to the General Court.
Second speech: Criminal courts
Legislative history, criminal courts established by law last year approved the formation of 1 and 2 criminal courts dates
back to 1368. Mentioned law, criminal courts are divided in to two categories 1 and 2 and a criminal court in accordance
with Article 7 of the Regulation to address crime and other crime statistic to the statistic of the cases mentioned under
Article 8, in criminal courts had jurisdiction 2. At last under Article 61 of the Act in cases where the court will deal with
crime-related losses, in cured losses, there is no specific curriculum and regulations governing the court's ruling.
Article 61 of Criminal Courts Act Amendment Act 1 and 2 1386/3/13 (pilot) was a special order to ensure that the
criminal proceedings leading to judgment when the defendant's innocence or endowments will pursue legal proceedings
the Court cannot be ignored and the the irjurisdiction, but outside he is required to braised to address the legal
proceedings and to vote the General and Revolutionary Courts, in articles 11 and 21 public and revolutionary courts in
matters of criminal procedure law was enacted on 1378/6/28 and it requires compliance with formalities demanded civil
procedure is known.
The reference was to. The terms of the contract within the competence of civil courts to handle the responsibilities would
be legal. This was the description that was underway in the courts since 1373, At last in this situation was not criminal
courts and other legal topics named file type, and subject to criminal and legal cases were handled. Civil responsibilities
arising out of contract and the contract must deal.
That point should be noted that in the end is that some crimes are exceptional, and although the original contract are
inevitably deal with the criminal complaint, legal proceedings and consequently also in the criminal courts will handle
criminal cases as this. I say the so-called receptor depositor or trustworthy. As a result of the property to remain faithful
to his trust in due time (per charge) to the owner (deposited) will be refunded. If I refuse or reject depositor or depositary
of the abuses and wastage in the property, the guarantor will not be considered and orders faithful to him resulting
(articles 416 and 616 Civil Code). Loan contract and other contracts in which the legislator or the parties to the contract
established as a trust, is so respected (Article 136 Civil Code).
. Article 476 of Islamic Penal Code, adopted 1375/3/2, which states: "Whenever the movable and immovable property or
writings such as promissory notes and checks and bills or loan or mortgage or lease so as to law or to work with pay or
without wage will. "
Regulation of the examples above, they are almost like rent, loan and mortgage origination and liability arising from
breach of contractual obligation contractual there evil dentition receiver with possessions in committing a crime such as
possession and wasted material and use one of the elements and lost it, criminal and penal aspects of the finds.
The second topic: the local authority in terms of (relative) courts. Another difference is that the influence, the local
authority courts.
First language: competent court, a place called home. Read the local courts residence, public authority and the principles
that the majority of the claims set forth, to be used. Later, when the competent court in the place of residence or other
location doubt read.
No. 31 dated 1363/9/5 vote precedents in particular the General Board of the Supreme Court has affirmed this
interpretation 0.2
precedents No. 13 1363/9/5 to Article 02 of the civil law but the rule remains that the new rules is questionable. The
terms and given that Article 21 of the new Civil Procedure Act 1379 with instances immovable property mentioned in
the circle to its claims, and claims, including claims on property, harassment, denial of right, and the forcible seizure of
other rights such as easement and right about it profiting and instances where the quality that damages the immovable
property which is not contractual origin, does not include the issue of including voted Later precedents No. 13 -1363/9/5
out and meet the specific sentence is new.

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Ebrahim Taghizadeh. World Applied Programming, Vol (3), No (4), April 2013.

Later, based on Article 21 of the new civil procedure in the court where the lawsuit must 1379/1/12 approved the plan of
immovable property to be read regardless of residence or place elsewhere in the contract is concluded. If the contract
between the breach of the obligation not present before the official documents and refusing to regulate the transmission
of official documents, contractual damages (Article 032 Civil Code) is anticipated, Later this damage claim is
consequently also a major lawsuit in the court where the immovable property will be designed.
The second case, the damage caused by the breach of the contracts which it forms a movable property.
In this regard, Article 31 of Civil Procedure is a new rule.
Obviously the new civil procedure stipulated in Article 31 which says: "...Undoubtedly many of the examples contained
in Articles 2, 3 and 5 of the Commerce Act has separate business dealings, are all qualified contractors and claims
relating to its origin will be considered commercial. On the other hand, some of which are commercial litigation and
contract no origin but are considered commercial. Bills of exchange operation is the same order of bills of exchange
transactions. Here too, for example when it is charity, the company claims that under the plan, commercial litigation,
although it has no commercial aspect.
Articles 45 and 413 of the Trade Act is important. Subscription and buying bonds or issuing a check because the
business practice not count. At last what remains, claims relating to movable property which is derived from contracts
and agreements.
No. 9 dated 1359/3/28 of the General Board of the Supreme Court was as follows issuance.
Interpretation of the law and procedures in this regard that the vote of unit No. 9 dated 1359/3/28 precedents been made,
although the former supervisor of Article 22 of Civil Procedure, but the inference contained in the ballot arguments and
precedents can be the new Civil procedure Act Article 31 applied.
Legislator of the word (can) use for calls and text phrases in context, it suggests that the rate prescribed in Article 31,
points out a great addition to the place of residence (Article 11),
For such a demand is considered, therefore, that in commercial disputes and claims relating to movable property which is
derived from contracts and agreements, local courts, three sites, the relative authority (local) will Such claims have to
deals autonomous and want to see any of the courts and their case has been raised Read the local court house, the place
where the marriage or court commitments.
This interpretation is not inconsistent with the interpretation of the vote earlier precedents to have No. 13 dated 1363/9/5
Considered. Recent precedents, formerly contained in the ballot argument because the religion of truth, and the
provisions of Article 32 Civil proceedings in 1318 and the new Civil Procedure Article 21 was not consistent and
coordinated so as to General Board of Supreme Court interpretation of Article 21 also used the new civil procedure.
Recounting
1 - AR Yazdanian, the scope of civil liability, Arian publisher, year, 1376, pp. 122 and 222.
2 - Theory of the Legal Advisory Office and the judiciary legislation No. 148/7 - dated 1381/2/18: "1 Although the procedure according to Article 11 of the General and Revolutionary Courts in civil matters the court's
jurisdiction of residence on the lawsuit Read
But the legislator under Article 21 of this Act in cases where the subject of litigation, dispute relating to property,
harassment, denial of rights, forcible seizure and other rights to immovable is recurrent
The principle of favoritism and conflict of the last type is known in the courts in which the immovable is located
We discuss the case in local courts, which is immovable in its field Although this case is caused by the contract and the
contract
2 - In case of claims arising from such a claim rents and demand immovable remuneration etc. As vote No. 13
1363/9/5 General Board of The Supreme Court has stated.
According to the definitions contained in 21 to 22 civil law of movable and immovable property to which the
presumptions The lawsuit charged that the legislative aspects of contracts relating to immovable and contract claim and
lawsuit funding In other cases relating to immovable and remuneration contract and the contract is the difference
between the claims Read more exactable is the first kind of state religion And its value is known linkages among the
claims and called the local courts And claims the second type such that its value remuneration not known The need for
expert and has examined the location of immovable property and jurisdiction among the Court considers that the
immovable Its scope and, therefore, demands and damages wages outstanding confirmations delayed due to its location
in the courts And claims are required to read the official document, immovable, and to demand the expropriation of the
property where the court has jurisdiction remuneration. Official Gazette dated 1381/3/18 quoted as No. 57 661 pp. 3.
3 - The opinion noted precedents as opposed to the vote, see the article critically reviews and ratings unity Policy 13 5.9.36 -row 91/36 by the esteemed professor Dr. Amir Hosseiabadi Neighborhood Bar Association New Course No. 21,
pp. 741 onwards.
4 - Vote No. 346 dated 1379/9/16 General Board of Supreme Court precedents, "with regard to This is primarily the law
of civil procedure in accordance with Article 559 and paragraph 2 of Article 32 of the Public Courts Revolution, the
Supreme Court is not commenting about the local authority, because under Article 32 of Law Civil procedure to handle

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Ebrahim Taghizadeh. World Applied Programming, Vol (3), No (4), April 2013.

cases ranging from litigation recurrent immovable property and other rights to its recurrent Court will be that immovable
property is located in the area. Although the defendant's claim and its resident And Article 63 of the law is not the only
observer.
REFERENCES
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]

Zaraat Abbas, civil procedure in Contemprarory Dicipline Published by majd, zoob, pp760.
Mohajery Ali Explain civil procedure volume 3, Tehran, Ganj danesh, 2006, pp314.
Katuzian, Naser, civil Law in Contemprory Dicipline, Yalda, publication, 2009, pp782.
Shaidi, Mehdi,Effects of Contracts Ganj danesh publication, 2010, pp 213
Shams, Abdolla, civil procedure volume 1, Behnashr publication, 2004, pp173.
Sadrzadeh, Mehdi, civil procedure, Ganj danesh publication, 2003, pp211.
Vahedi, ghodrat, civil procedure, Mizan Express, 2003, pp114.
Safaie, Hossein, civil liability, Tehran, samt Express, 2012, pp116.
Yazdanian, alireza, civilliability, Tehran, and express, 2008, pp214.
Ghasemzadeh, mortaza, civil liability, Tehran, mizan, publication, 2010, pp211.

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